David Rogers
Partner & Head of Employment
Employment
The TUPE (the Transfer of Undertakings Protection of Employment) regulation was introduced in 2006 to protect the rights of employees when the company they work for is taken over by another business, or if a company undergoes a corporate restructure of its operations. Typically, employees of a business’s previous owner automatically become employees of the new owner under the same contract, preserving their rights.
The employment law solicitors at Gorvins have many years of experience in handling group restructures and intra-company transfers of staff. Our expertise allows us to develop a strategy with you, whether it is amending your current terms of business or advising you on managing redundancies and exits from the business.
If you’re going through a corporate restructure or just need some preliminary advice surrounding TUPE transfers, contact the employment law team on 0161 930 5117, e-mail employmentteam@gorvins.com or fill in our online enquiry form.
Gorvins’ Approach to TUPE transfers and Corporate Restructuring
Our experienced employment law solicitors regularly deal with TUPE transfers throughout the UK, ensuring every element of the transfer of people between organisations is undertaken as efficiently as possible, minimising costs for our clients.
Our TUPE solicitors help many business owners every year with group restructuring and the TUPE issues that can affect employees.
We regularly advise on issues such as:
- Employment liability – making sure the transferee is fully aware of the employee responsibilities they’ll be acquiring
- Terms and conditions change when transferring or merging with another business
- Negotiating appropriate warranties and indemnities to protect your interests
We can offer expert and practical advice before, during and after the restructuring process and have experience in:
- Structuring transactions to achieve minimal disruption to the workforce
- Preparing a step-by-step guide to redundancy and consultation, and assistance in redundancy processes and consultation
- Drafting consultation scripts and correspondence for use within the workforce
- Highlighting any potential risks and how to minimise them whilst keeping your commercial aims in mind
How Can Gorvins Help?
For expert legal advice and support for your corporate restructure or TUPE transfer, call Gorvins Solicitors on 0161 930 5117, e-mail us at employmentteam@gorvins.com or fill in our online enquiry form.
Frequently Asked Questions
Are the TUPE regulations a legal requirement?
Yes. The TUPE regulations apply to all employees in the UK and are designed to protect them when a business undergoes a takeover or a corporate restructuring. When acquiring a business or when restructuring, you need to abide by the regulations or could face employment tribunals and other issues.
A good employment lawyer can assist with the efficient transfer of employees between organisations or assist with the careful process of redundancy proceedings.
Can employees be made redundant after a TUPE transfer?
Yes, but you can only begin redundancy proceedings after a TUPE transfer when there’s a genuine need to make the redundancies, either for economic, technical or organisational reasons.
A good employment lawyer can help you both navigate the TUPE transfer and the redundancy process once completed.
Can an employer be held liable for unfair dismissal claims in relation to employees dismissed by the previous employer prior to the transfer?
Yes, if the sole or principal reason for the dismissal is the transfer itself. In that case, the dismissal will be automatically unfair unless the employer can establish that the reason for the dismissal is an economic, technical or organisational reason entailing changes in the workforce, in which case the dismissal will be potentially unfair and the general unfair dismissal rules will apply.
This is an extremely complex and technical area of law and the advice of a good employment lawyer can be crucial in successfully navigating these complexities.
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